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Court strikes out suit against former FAAN concessionaire, awards N3.15m against claimants

Yejide Gbenga-Ogundare
Kaduna communities drag military to court over land encroachment, harassment, Court APC election Kwara,Court slates Feb 7 to hear suit challenging monetization of police services, Google Arts, Culture, CyArk, Adunni Olorisha Trust partner to digitally preserve Osun Osogbo sacred grove Rotimi Ige Today, Google Arts and Culture, partnering with 'The Adunni Olorisha Trust' and CyArk announced the launch of the first and largest digital library of content showcasing the Osun Osogbo Sacred Grove. The launch, which marks the digital preservation of one of Nigeria’s last remaining sacred groves, is part of Google Arts and Culture’s wider 'Heritage on the Edge' project. The project seeks to support site managers in digitally documenting heritage sites at risk due to climate change, using the imagery captured to further support community maintenance and conservation. The Osun Osogbo Sacred Grove project can be explored via goo.gle/osun-osogbo. Highlights include a 75ha Street View of the Osun Osogbo Sacred Grove, including the Busanyin Shrine before it was affected by the flood and 3D models of four of the site’s dynamic shrines. The collection allows people to view 900 high-resolution photographs of the site, contemporary and historical artworks and sculptures, artists and spiritual leaders. It also tells 28 stories about art, community and spirituality at the Osun Osogbo Sacred Grove, and the effect of climate change at the site and includes three audio interviews, including one with popular artist, Jimoh Buraimoh about Susanne Wenger. The project also allows visitors to watch 27 video interviews and see aerial views and 3D views of the site while annotated 3D tours of the Busanyin and Iya Moopo shrines showcase the legacy of art and spirituality at the sacred grove. “Google Arts and Culture’s mission is to preserve and promote the world’s art and culture online, allowing anyone, anywhere in the world to share in it. We are grateful that through partnerships we are now able to preserve one of the most recognised, culturally rich Yoruba heritage sites, known for active traditional worship and contemporary art movements,” says Chance Coughenour, Program Manager and Digital Archaeologist, Google Arts and Culture. “Through the use of state-of-the-art technologies, site managers will be able to monitor and mitigate the effects of the changing climate and more broadly provide resources to support growing the capacity for the preservation of heritage sites” added Coughenour. Located on the forested banks of the Osun river in the city of Osogbo, in Osun State of Nigeria, the Osun Osogbo Sacred Grove, a UNESCO World Heritage site is several centuries old and among the last sacred groves of their kind which joined the edges of most Yoruba cities before the mass shift from rural to urban areas. In the site, Yoruba deities are embodied in shapely, sculpted shrines where creativity and spirituality come to life. Recently, the Grove has been in danger of destruction due to flooding, heavy rain and climate change. The Busanyin shrine was damaged in floods shortly after being digitally captured. “The Yoruba community is one of the largest in Nigeria and the Osun Osogbo Sacred Grove is truly a unique and special place that embodies the essence of the Yoruba culture and heritage. We are excited about the digital preservation of the site and the partnership with Google Arts and Culture. It offers a noteworthy body of work that portrays the admirable culture of the Yoruba people to the world,” Olufemi A. Akinsanya Akinsanya, Chair, Save Our Art! Save Our Heritage! Campaign said. “CyArk's work in Osogbo has been a true collaboration between Nigerian government officials, local NGOs, the community of Osogbo, and His Royal Highness Jimoh Oyetunji Olanipekun Larooye II, who are all working together to share the stories of Osogbo with a wider audience,” said Kacey Hadick, Director of Programs and Development, CyArk. Alhaji Lai Mohammed, Honourable Minister of Information and Culture, Federal Republic of Nigeria, added, "I am truly delighted that, for the first time ever, the Osun Osogbo Grove has been brought online, thanks to Google Arts and Culture, which has partnered with CyArk and the Adunni Olorisa Trust/Osun Foundation to digitise the shrine and its surroundings, thus protecting both for posterity. “I said during the visit to the Grove in 2019 that it was important to refocus national and global attention on this world heritage site, and I am glad we achieved our purpose, as can be attested to by this project digitising the shrine and its surroundings. I wish to most sincerely commend all the partners for this monumental work,” Alhaji Lai Mohammed said. Through past projects like Taste of Nigeria and Eko for Show, Google Arts and Culture has helped people across the world experience Nigeria heritage and history. 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Justice Yellim Bogoro of a Federal High Court sitting in Lagos, on Thursday, struck out a suit filed against a former concessionaire of the Federal Airports Authority of Nigeria (FAAN), Integrated Intelligent Imaging West Africa Limited, (iCUBE) and six others; the company’s managing director, Moyosola Niran Oladunni who is a former All Progressives Congress gubernatorial aspirant in Ondo State, the company secretary, Mr Kehinde Akingbola, and four banks for lack of diligent prosecution.

Justice Bogoro struck out the suit delineated FHC/L/CS/817/2021sequel to an oral application by Professor Joseph Abugu (SAN), counsel to the defendants and awarded a total punitive cost of N3.15 million against the seven applicants in the suit; Folusho Adeagbo; Bola Cole; Oluwole Tella; Jide Alufa; Wale Akomolafe; Toluwaleke Abajingin and Rotimi Aladesanmi.

At the resumed hearing of the suit, neither the applicants nor their counsel, Declean Kemdirim, was in court and Professor Abugu had informed the court that neither the applicants or their counsels had appeared in court since the suit was filed early last year.

However, a legal practitioner, O. N. Nwizu, informed the court that he was holding the brief of Declean Kemdirim as he is withdrawing from representing the applicants in the suit, urging the court to grant the application.

Professor Abugu had raised objection to the application for change of counsel but Justice Bogoro, citing a plethora of legal authorities, had granted the counsel’s withdrawal application.

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Consequently, Professor Abugu had applied to the court to strike out the matter for lack of diligent prosecution, praying the court to issues a punitive cost against all the applicants.

“This matter was filed on July 1, 2021, and this is the fifth adjournment. The plaintiffs have never appeared in court and their counsel was never in court till today. The withdrawal application was just taken and granted, verified that the counsel has returned the case file since September 2021. It also shows that all the hearing notices issued by this court have been forwarded to the plaintiffs and this includes our letter dated December 8, 2021, informing the counsel of this day and precedence proceedings of this court, which the counsel acknowledged.

“It is therefore clear that the plaintiffs are not interested in this matter. I, therefore, urged the court to strike out or dismiss this suit for wants of diligent prosecution with punitive cost,” Professor Abugu noted.

Justice Bogoro in the ruling held that she is in total agreement with the submissions of the senior counsel, as the plaintiffs never came to court to prosecute their case and consequently struck out the suit for lack of diligent prosecution and awarded punitive cost of N200,000, against each of the Plaintiffs in favour of the first and second defendants. Earlier, the court had awarded a total cost of N250, 000 against each of the Plaintiffs in favour of the first and second defendants.

The plaintiffs in a motion on Notice filed before the court had asked for a declaration that the Annual General Meeting of the first defendant, Integrated Intelligent Imaging West Africa Limited, held on April 27, 2021, was not properly and duly convened and that by virtue of the inconclusive status of the said first AGM of the company, the said meeting cannot be relied upon as establishing the retirement of the Directors of the Company in accordance with Section 28 (1) of the Companies And Allied Matters Act, 2020, (The Act”) where the statutory re-election of any Director could not be held due to the disruption of the Meeting.

The plaintiffs also asked for a declaration that if however, it is established that all directors of the company validly retired at the said AGM, then, Moyosola Niran Oladumni (second defendant) cannot validly remain the Managing Director of the company.

They also asked for a declaration that the purported board resolution of the company dated June 15, 2021, jointly signed by the second and third defendants, changing the company’s bank mandate with the fourth to seventh defendants is null and void and of no effect whatsoever.

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Court strikes out suit against former FAAN concessionaire, awards N3.15m against claimants

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